DOJ Has 60 Days To Appeal Ruling That Declared DOMA Unconstitutional

[Tx4obama]

Source: TPM

Hot on the heels of the Prop 8 ruling in California that determined a ban on same sex marriage violates California's constitution, a federal judge officially entered his judgment in a case challenging the Defense of Marriage Act, giving the federal government 60 days to decide whether to appeal.

Judge Joseph Tauro ruled in early July that DOMA, which defines marriage as between one man and one woman, is unconstitutional. Yesterday, he officially entered the judgment, starting a 60-day clock for the Justice Department to decide whether to appeal his ruling.

Tauro also approved a stay for his ruling, pending appeal. The plaintiffs, represented by GLAD, didn't fight the stay. GLAD said the stay is in its clients' best interests, adding that only a "final victory" ensures that they will have access to the Social Security and other benefits of their spouses.

The DOJ has not yet decided whether to appeal the case, the head government lawyer told the Bay Area Reporter.

Read more: http://tpmmuckraker.talkingpointsmemo.com/2010/08/doj_has_60_days_to_appeal_ruling_that_declared_dom.php?ref=fpb

[GodlessBiker]

1. They better not appeal it.

[JonLP24]

2. I agree.

[The_Casual_Observer]

3. Put fitz on the case.

[alp227]

4. DON'T APPEAL! Denying basic civil rights is NOT justice. n/t

[customerserviceguy]

5. We'll see

if the President and his administration have the same consideration for gay and lesbian Americans that they seem to have for mosque builders...

[24601]

6. I believe that DOMA runs afoul of the Constitution's Article 4 which

requires states to give full faith & credit to other states' legal/regulatory determinations & records. But the timing is critical and the follow-on issues are two-fold. First, would overturning DOMA be red meat driving cons to the polls in records numbers this November? Second, are there sufficient states to call for a Constitutional Convention (CC) since in the absence of congressional action on that front? It's a CC that scares congress shitless since once convened, there are no limits on proposed amendments. A CC also completely bypasses Congress and could propose to prohibit same-sex marriage, and pass other issues like congressional and federal judge term limits, forcing FOIA on Congress (not a bad thing BTW), making Congress fly (gasp) coach, require a balanced budget, deny citizenship to children of undocumented aliens, Supreme Court mandatory retirement age, prohibit states/cities from any gun control, require government ID for voting, limit death penalty appeals, requiring that accused terrorists be tried as illegal combatants by military tribunals and not in the US. The possibilities are limited only by your imagination.

[pgodbold]

7. I think it's a damn shame.. we even have to think about this. My gut feeling is that they will.

[ladywnch]

8. I'm sure they will appeal. remember, the president support the idea

that marriage is between a man and a woman. I'll be gleefully surprised if I am wrong.